Slip & Fall
Mission, TX Trip-and-Fall Cases: Broken Stairs, Curbs and Uneven Walkways
Not every fall is a slip — many serious injuries come from tripping on broken stairs, raised slabs and unmarked steps. Here's how Texas premises law treats trip-and-fall cases in Mission.
Quick answer
A trip-and-fall in Mission — caused by a broken stair, a raised sidewalk slab, a crumbling curb, or an unmarked step-down — is a premises liability claim, just like a slip on a wet floor. The property owner can be liable if they created the hazard, knew about it, or should have found it through reasonable inspection. Structural hazards like these often exist for a long time, which can make notice easier to prove, but you still must show the condition caused your fall and your injury.
Slip versus trip — why the difference matters
A slip happens when a surface is slick, like a wet or freshly waxed floor. A trip happens when something obstructs or changes the walking surface unexpectedly — a raised slab, a broken stair tread, a curb without a contrast stripe, a sudden step-down. Both are premises liability claims under the same Texas rules, but trip cases often involve structural conditions that developed slowly, which changes how 'notice' is proven and how the 'open and obvious' defense is argued.
Common trip hazards in Mission
- Broken, chipped or uneven stair treads and worn nosing.
- Raised or sunken sidewalk slabs from tree roots or settling.
- Unmarked single steps and abrupt changes in floor level.
- Crumbling curbs and damaged wheelchair ramps.
- Loose floor mats, cords and merchandise left in walkways.
Code violations can strengthen a trip case
Stairs, ramps and walkways are often subject to building-code standards for tread depth, riser height, handrails and lighting. When a stair or ramp violates those standards — uneven risers, a missing handrail, no contrast marking on a step — that violation can be evidence the condition was dangerous and that the owner should have known. We look at the structural details and, where appropriate, work with experts to show how the condition departed from accepted safety standards.
The 'open and obvious' defense and comparative fault
Owners often argue a step or raised slab was open and obvious and you should have watched your footing. We counter by showing the hazard was disguised — a step the same color as the floor, a slab hidden in shadow, a stair you couldn't see while carrying items — and that the owner still had a duty to maintain or mark it. Under Texas comparative fault you can recover as long as you're 50% or less responsible, with your share reducing the recovery, so framing the hidden nature of the hazard is key.
After a trip-and-fall in Mission
Photograph the stair, slab or step from multiple angles, ideally showing the lighting and lack of any marking, with something for scale. Report the fall and get an incident report, gather witness names, keep your shoes, and see a doctor the same day. Then call us to investigate the structure and any code issues. Mission is minutes from our McAllen office, the consultation is free, and you pay nothing unless we win.
Frequently asked questions
Is a trip-and-fall treated differently from a slip-and-fall in Texas?
Both are premises liability claims under the same legal rules, but trip cases often involve structural conditions like broken stairs or raised slabs that existed a long time. That history can make the owner's notice easier to prove than a sudden spill.
Does a building-code violation help my trip-and-fall claim?
It can. If a stair, ramp or walkway violates code standards for things like riser height, handrails or markings, that violation can be evidence the condition was unreasonably dangerous and that the owner should have known about it.
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